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OTTER TAIL POWER CO. v. VILLAGE OF WHEATON

No. 35,641.

235 Minn. 123 (1951)

OTTER TAIL POWER COMPANY AND OTHERS v. VILLAGE OF WHEATON AND OTHERS.

Supreme Court of Minnesota.

November 9, 1951.

Attorney(s) appearing for the Case

Field, Field & Arvesen, for appellants.

Marvin E. Lundquist, for respondents Village of Wheaton and the members of its council.

Briggs, Gilbert, Morton, Kyle & Macartney, for respondents Fairbanks Morse & Company and W.G. Peterson.

LORING, CHIEF JUSTICE.

This is an appeal from a judgment dismissing on the merits a suit to enjoin the village of Wheaton, Minnesota, from proceeding with plans to construct a municipal power plant and to issue revenue certificates in payment therefor. September 28, 1949, the village council passed a resolution to have an election on the question of building an electric power generating plant at an estimated cost of $452,000 to be financed by revenue certificates...

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